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Due process returns to campus
[DETROITNEWS] Education Secretary Betsy DeVos is following through on her commitment to stand up for the due process rights of all students on U.S. college campuses. From what we’ve seen of a new framework, it would go a long way to restoring constitutional protection in campus sexual assault investigations.That’s a long-overdue change. Last September, DeVos began this work, rescinding overzealous Obama-era guidelines that pushed university administrators to investigate and adjudicate serious accusations and even crimes. Using the threat of withheld funding if schools didn’t comply, the former administration instructed universities to lower the burden of proof and create a framework to give alleged victims the upper hand. Title IX, the law preventing sex discrimination in schools that take federal funds, has been expanded greatly in recent years to apply to cases of sexual misconduct. All this led to accused students with little recourse to defend themselves, with serious repercussions as a result, including expulsion. It amounted to a lack of due process ‐ a right guaranteed in the Constitution. The proposed changes were leaked to The New York Times  ...which still proudly displays Walter Duranty's Pulitzer prize... this week, and the final blueprint isn’t expected to be released for several more weeks. The White House must first review the guidelines and then they will be put up for a period of public comment. The Education Department told The bankrupt, increasingly impoverished, reliably Democrat, Detroit ... ruled by Democrats since 1962. A city whose Golden Age included the Purple Gang... News editorial board that what has been reported so far is on the mark. As reported by the Times, the new rules would allow both the accused and the complainant to request evidence and to cross-examine each other ‐ something that was discouraged previously. Also, universities could apply other avenues for solving complaints such as mediation and restorative justice, as long as the individuals involved mutually agreed. The Education Department also seeks to define sexual harassment in a much more specific way: "Unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it denies a person access to the school's education program or activity." Previously, universities were told to handle any unwelcome sexual conduct. Posted by: Fred 2018-09-04 |
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